Tensión entre el derecho de propiedad y la presunción de tierras baldías “Estudio de la problemática del municipio de Ventaquemada”

Abstract

This research is carried out within the framework of the Regional Land Law Observatory, attached to the Research Unit of the Santo Tomás University, a project called “Renewal of the territory in the post-conflict” executed by the research field in Land Law of the Faculty of Law; whose objective in its first phase of production was aimed at establishing the legal problems faced by the rural population in Colombia due to jurisprudential and regulatory variations in the face of land legalization, analyzing the case of Ventaquemada.

So in this work the results will be delivered to which the author arrived in development of the work carried out as co-investigator of the project, executing three specific objectives, the first is to identify the evolution of the prescription as a way to acquire the property in Colombia at the legal level; the second, characterize the jurisprudential changes regarding the prescription as a way of acquiring property in Colombia; and the third, to detect the problems faced by the population of the municipality of Ventaquemada, in the face of legalization of property due to regulatory and jurisprudential variations as of 2014.

For the development of the main themes, an approximation will be made to the real rights, mainly the domain and the different ways of acquiring it in Colombia, to end the prescription or usucapion. Subsequently, the judicial and administrative processes used for the sanitation of the property will be indicated. The jurisprudential evolution will also be analyzed based on judgment T-488 of 2014. Finally, the problems that such positions have generated for those who intend to clean up their land will be reviewed, studying the case of Ventaquemada.

Based on this study, the lack of guarantees for the rural population who has possessed a property that he considers private will be evidenced, complying with the requirements of the substantial law, but who is denied his right of ownership, citing the presumption of wasteful good.